Year: 2014

New DUI Program Requires Mandatory Daily Monitoring: Protection For The Public Or Undue Burden On Offenders?

Submitted by Darren Smith, Guest Blogger

Breath Test DeviceA pilot program has been initiated in four Washington counties and two municipalities. Essentially the program requires those convicted of a second DUI offense are required to 24/7 daily monitoring consisting of a twice daily visit to a jail for a breath test or an ankle monitor capable of reading breath samples. Both options are mandated at cost to the offender. A newly created state law, effective January first, provides for this program named the 24/7 Sobriety Program Pilot Project.

The program is the result of repeat DUI offenders who have posed significant risk to the public and have shown to not be easily deterred from future violations by present statutes and sentencing. Yet some may question the effectiveness of the program and whether it places an undue burden on offenders who might not have the means to comply.
Continue reading “New DUI Program Requires Mandatory Daily Monitoring: Protection For The Public Or Undue Burden On Offenders?”

Res Ipsa Loquitur

Eta CarinaeBy Gene Howington, Guest Blogger

“Don’t cry because it’s over. Smile because it happened.” – Dr. Seuss
“Everything that has a beginning has an end.“ – Buddha
“Every new beginning comes from some other beginning’s end.” – Seneca

Perception is a funny thing. So I’m going to make a statement and then address the perceptions.

After many years of writing columns for this blog and participating in its forums, I am taking my leave. Continue reading “Res Ipsa Loquitur”

Posting Of The Civility Rule

64a46cc1If you look above, you will see a new link that will permanently show our civility rule on the blog. In light of the recent tension over postings with personal information and insults, I wanted to make the policy available and prominent on the blog. The vast majority of adults do not need to be told to be civil, even when they are cloaked in anonymity. However, for trolls and toddlers, this link will remain as a reminder that this blog strives to offer something different from the usual trash-talking fare that you find on some other sites.

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City of SeaTac Minimum Wage Increased to $15.00. Consequences Could Be Beneficial And Detrimental.

Submitted by Darren Smith, Guest Blogger

City of SeaTac LogoThe City of SeaTac Washington enacted a proposition narrowly approved by voters (77 vote margin among approximately 6,000 total votes) that would, among other issues, raise the minimum wage of hospitality and transportation workers to $15.00 per hour; one of the highest in the United States. The minimum wage for Washington State is $9.32 and the highest among all fifty states. Supporters of the proposition argued the cost of living for those workers is forcing them to live in substandard lifestyles given their working environment and lack of benefits provided in these industries. Opponents argue the law would put an unnecessary burden upon business and force cuts in employees and a disincentive to operate within the city. Much controversy has been generated on all sides.
Continue reading “City of SeaTac Minimum Wage Increased to $15.00. Consequences Could Be Beneficial And Detrimental.”

Don’t Hurt Little People!

Submitted By: Mike Spindell, Guest Blogger

ChildhoodIn my first blog today I alluded to two experientially developed concepts formed in my youth that have played an overarching role in my life. I explored the first and now I will develop the second as alluded to in my title. Unlike some childhood memories there is a particular memory associated with this title of this piece that is indelibly etched in my mind. So much so that as I write this I can see the scene in my mind’s eye and in my chest feel anew the power of the emotional experience. I will relate it to you as I remember and feel it, then explain how it has had ramifications for my entire life and upon my perspective of the environment I live in. Continue reading “Don’t Hurt Little People!”

Bittersweet: Life and Loss

Submitted By: Mike Spindell, Guest Blogger

NEW YEARSFor the many decades now, since my childhood, there have been two underlying ideas about life that have guided me as I’ve journeyed through the years. The first is that life for all of us is at best bittersweet. This blog is about the first of these ideas and the second will be expressed in a companion piece. Continue reading “Bittersweet: Life and Loss”

Edward Snowden And The Public Interest Defense: Part 1 – What An Old Roman Can Teach Us About The Defense Of Political Crimes

By Mark Esposito, Guest Blogger

This is the first of a multi-part article on the Public Interest Defense and its application to the the Edward Snowden situation. The defense is not recognized in America but other nations have considered this legal mechanism to provide an appropriate way to deflect criminal charges from whistleblowers like Snowden. Part 2 can be found here.

The Legend of Publius Horatius

The Oath of the Horatii
The Oath of the Horatii

For centuries, children in ancient Rome would recount the legend of Publius Horatius, one of three Horatius brothers (known as the Horatii), who fought to defend Rome from attack by the militaristic and close-by Italian city-state of Alba Longa. Rather than engage in a pitched battle of armies for supremacy of the peninsula and subject all of Latinium (as Italy was then known) to the vulnerability of foreign attack, Rome and her rival opted to name a triumvirate of champions to fight to the death to decide the fates of two ancient megalopolises. One would emerge as the dominating power and the other would be relegated to a vassal state. The Horatii seemed the obvious choice among the Roman legionnaires as the triplet brothers  were unequaled among their peers in strength and martial prowess. Swearing an oath to fight to the death, the brothers strode to the Field of Mars to battle for both the glory and survival of Rome. For her part, Alba Longa chose her own incredibly coincident set of warrior  triplets known as the Curiatius brothers (or the Curiatii) who swore an equally obligating oath to “return either with their shields or on them” as a Spartan might say.

Continue reading “Edward Snowden And The Public Interest Defense: Part 1 – What An Old Roman Can Teach Us About The Defense Of Political Crimes”

Brain Bandit: Indiana Man Arrested At Dairy Queen Allegedly Trying To Sell Stolen Brains

140102193759-david-charles-story-topA-very-old-section-of-a-human-brain-preserved-in-formaldehyde-in-a-sealed-glass-container.-The-vintage-piece-was-recently-discovered-in-an-abandoned-mental-hospital.-ShutterstockDavid Charles had 61 brains and yet seems to function on a room temperature IQ. He was spotted trying to sell the brains on Ebay. Charles, 21, was arrested at a Dairy Queen in Indiana in an alleged scheme to sell roughly 60 brains stolen from the Indiana Medical History Museum. He fit in well with DQ slogan of “So Good It’s RiDQulous.”

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Coolest Thing Ever: Kid Loses RC Plane In Tree . . . Helicopter Crew Pulls Plane Out Of Tree And Returns It To Kid

I just saw this video and had to share it. A helicopter crew was flying in the countryside and saw a kid and his Dad lose a World War II RC plane in the top of a tree. They proceed to hover over the tree and pull the plane out of the branches. They then land and give it to the Dad and a dumbfounded kid.

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Redline: China Reports Loss of 3.3 Million Hectares Of Farmland To Industrial Contamination and Pollution

280px-SoilcontamFlag_of_the_People's_Republic_of_ChinaChina has released a shocking admission that at least 3.3 million hectares of farmland is now so polluted that it is effectively dead for purposes of growing crops. To put that into perspective, it is an area the size of Belgium. It is the latest statistical insight into the costs of the continued industrial output that reaches roughly 10 percent a year. That is two percent of China’s arable land and there is a concern about whether the per capita land allocation for food production has fallen below the communist regime’s own “red line” calculation. The country now has 135 million hectares of arable land, which translates to about 1.52 mu, or about a quarter of an acre, per capita. The world average is half of an acre, or 3.38 mu per capita.

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Pulling A Mel Carnahan: Hercules and The Umpire Wins Tops “Courts Blog” Despite Being Discontinued

BN-AY617_kopf_D_20140102104450Not since John Ashcroft was beaten by a dead man, Mel Carnahan, in the Missouri Senate race has a more curious victor emerged in a competition. (Our own blog took the top News/Analysis Spot) Judge Richard Kopf of the United States District Court for the District of Nebraska was declared with winner of the “Courts” category in the ABA Journal competition of the top 100 legal blogs. The problem is that only a couple days before, after national criticism regarding his blog, Judge Kopf discontinued “Hercules and The Umpire.”

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Turley Blog Selected As Top News/Analysis Blog

eurocuptrophy80mm2008Well, the results are in and we have another distinction to crow about at the blog. We have been selected as the 2013 top News/Analysis site among the competing world blogs in the annual ABA Journal survey. The success of this blog is due entirely to our unique community around the world, which have maintained a site where the issues of our day can be discussed with passion but civility. Thanks to all of our regulars and particularly our our talented and popular weekend team of guest bloggers: Mike Appleton, David Drumm, Mark Esposito, Gene Howington, Elaine Magliaro, Larry Rafferty, Darren Smith, Mike Spindell, and Charlton Stanley. While we created and maintain this site to allow us to share our thoughts, it is always gratifying to receive such recognitions. It is always my hope that the selection will bring new people to our site to further expand the voices and views on legal, political, and sometimes just plain bizarre stories.

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Wal-Mart Recalls Donkey Meat In China As Containing Fox Meat

225px-New_Walmart_Logo250px-Donkey_1_arp_750pxNormally, a product containing donkey meat would be the reason for a recall. However, in China, it is the lack of donkey meat that has caused a scandal. The Chinese have found that a produce called “Five Spice” donkey meat contained traced of meat from other animals, particularly fox meat. We previously saw scandals involving rancid or rat meat being sold in China. However, from a Western sensibilities standpoint, this is a rather novel claim that donkey meat was contaminated by non-donkey meat.

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Federal Prosecutors Charge White Man With Hate Crime After “Knockout” Game

conrad-alvin-barrett.jpg.siThe Justice Department has decided to charge Conrad Alvin Barrett, 27, with a hate crime in the “knockout game”-style attack against a black victim in Katy, Texas. The victim was a 79-year-old black man. The prosecution — and heavy punishment — of Barrett is clearly warranted if found guilty of the attack. However, the intervention of the Obama Administration is being questioned and is likely to add to preexisting concerns over the use of hate crimes to federalize state criminal actions and the standard for such prosecutions.

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